Civil Procedure Code (CPC)

We have applied for a Liquor License of retail vend on 13.09.2019 for 2019-20 after paying Rs. 25 Lakhs. License was issued on 22.02.2020 with validity upto 31 march 20 only, after substantial delay on department's end. We requested the department to refund or adjust the Fees on pro-rata basis but they denied by giving the reason that the License fee should be valid for 2019-2020 only and we lost our hard earn money for nothing. Kindly suggest us any legal remedy which we can exercise. We will be very much obliged.
Thanking You


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16 July 2021 at 13:07

Ews certificate

Sir In 2017 I resigned my central gov job. In 2019 I applied my EWS certificate for financial year 2018-19 in which i didn't mention my previous salary or job bcoz there was no space defined to mention abt that.
Is there any issue?.


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Anonymous

15 July 2021 at 12:17

Falsely represented as bank employee

To
All Senior experts/professionals
Some days ago an anonymous person call me via phone that he is an employee of a bank and my ATM card deactivate and seeks my details for reactivate ATM card.
As I have no ATM card in that Bank at the moment of calling I understood it was a hoax call. So I cannot share my details.
My query to the senior experts/professionals is that:
At this stage can be treat as an offence under IPC and/or Information Technology Act and lodge complaint before nearest police station ?
Regards
Abhijit

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp


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Anonymous

Hello,

Is there any time limits beyond which the accounts of a Housing Society cannot be re audited by the Deputy Registrar?

Certain financial irregularities committed by the Managing Committee in a Cooperative Housing Society in Pune, Maharashtra in the year 2009 - 10 have come to light now in 2021.
The managing committee has also manipulated accounts and written back arrears on Members going back till the year 2000 when all these had been audited at that time and the matter resolved amicably.
Can those accounts be re audited by order of Deputy Registrar. And what is the procedure for the same.

Also, is there any time limitation bar on till when the arrears can be recovered from Members of the society?

Tony


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12 July 2021 at 12:44

Pedinamu validity

Can a Pedinamu be signed again with the same witness and new talati? Is it valid to change the Pedinamu once prepared and issue?
Can this new pedinamu superseed or invaildate any other legal documents like will etc. issued earlier?

Can any one provide the exact section and act for issuance, validity and renewal of the Pedinamu?


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Anonymous

Dear Experts,
Need a guidance on the below:
We are an apartment association registered with Registrar of Society, Karnataka.

There are in total 35 flats in the apartment. One of the flat owners is very rude and they have moved in to the flat without obtaining an NOC from the association though they knew that the previous owner had some pending maintenance dues. The notice in this effect was prominently displayed on the entrance to the lift and passage. Also they have chosen not to become members and membership fee is still not paid. They forcefully park their vehicle in the parking area eligible for their flat, though the parking space is not yet allotted to them by the association for non- submission of NOC before moving in to the flat.

They are very irregular in payment of monthly maintenance dues, as well as other payments towards society developmental charges. The maintenance is due for more than 18 months. They do not stay in the apartment and they don’t visit also, as the flat is not occupied. The association has been following up for the dues since long time without a luck. Very recently, when they visited the flat for renting it out, association approached them to discuss about the pending dues. However, they argued and said they are not going to pay anything as the flat was not occupied. We referred them to the relevant clause of the association bye laws which talks about amount as decided by the association . Suddenly they became violent and came attacking one of the association members. Considering the verbal abuse (foul language) & loud threatening words and basis the CCTV footage we filed an NCR with the local police station. Though outside of the police station, they agreed to clear the dues but there is no action from their side yet.

Hence the association has decided to proceed legally to collect the dues with interest, as per bye laws. In this reference, we approached a legal help but his advise has raised further questions. He says, even though we are registered with Registrar of Society, we can’t proceed for collection of pending dues, unless the association is registered with some specific authority (just like municipal authorities).

- Is there any such law which stops the apartment association from collecting the genuine outstanding just for not registering with a specific authority?
- What is the legal remedy for recovery of outstanding dues from apartments owners and under what section laws?
- What is the procedure for initiating an action?
Any valued opinion and guidance from the experts
We would request opinion vis-à-vis laws in the state of Karnataka if any.

Thanks in advance….


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05 July 2021 at 20:54

Compromise decree

A, B, C are family members in which C is a female member. D is the minor daughter of C and E is father of D. Now A, B, C have compromised under order 23 rule 3 of CPC in a civil case in December 2017.
In compromise deed they agreed that -

1- A will execute the sale deed of his share in land to minor D under the patronage of C and E in one year.

2- That A and B will give some money to C after the resolution of this matter.

3- If terms of the agreement are violated by any of the parties then the agreement will be void and ineffective.

Court recorded the first two point only but not recorded third point from the above agreement and ordered and decreed that -

1- D received share of A in land according to agreement which will be owned and controlled by her and in this regard A will execute the sale deed in the name of D.

2- According to the agreement A and B will give some money to C.

3- Submitted agreement will be part of the decree.

Now the questions is -

1- what is the time limitation to execute sale deed and to give money, 12 years, 3 years, 4 years or 13 years ?

2- Third point of agreement will be applied or not in execution of the decree ?

3- D is minor and E is father of D and both were neither a party in civil case and nor in compromise petition. Limitation period will be applied on both or not as per compromise petition or decree. If yes then What limitation period will be applied for D and E to execute the decree.


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dear sir/madam ,

1) may I know what acknowledgment I can request for my complaint if police officer do not prefer to Fill FIR .

2) and also sir/madam, please let me know types of registering the complaint in case FIR not filled or preferred and what documents police officers needs to provide to us following complaint registered . Thank you .


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Anonymous

30 June 2021 at 15:20

Bill of exchange

Respected sir,

can we use the bill of exchange in domestic market (says in e-commerce industry for buying or selling as a mode of payment) ? if yes then can we pay proper stamp duty applicable on the instrument in online mode?


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25 June 2021 at 07:11

Share transfer stamps

For selling physical shares in a private limited company. SH-4 Form is to be filled up. Please advise

1. What is the rate of share transfer stamp duty for transfer of physical shares.

2. Is rate of stamp duty same all over India

3.Can stamp duty be paid by buying share transfer stamps

4.If yes, from where such share transfer stamps can be purchased.

5. Can share stamps purchased in Delhi be used for transfer of shares of a company having registered office in Mumbai


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